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Wills, estates and probate
Probate in Jefferson County, handled for you.
When someone dies, their estate has to be opened, their debts addressed and their property distributed under the supervision of the court. It is a process with forms, deadlines and rules that a grieving family should not have to learn. Justin handles it from the first filing to the final settlement.
What probate is
Probate is the court process that proves a will is valid, appoints a personal representative (an executor if named in the will, an administrator if not), gives creditors a chance to present claims, and transfers what is left to the heirs or beneficiaries. In Louisville it runs through the probate division of Jefferson District Court. Assets that pass by beneficiary designation, survivorship or trust are outside it; everything else, from a house titled in the deceased person's name alone to a bank account with no beneficiary, goes through it.
The steps
- Petition to open the estate and appointment of the personal representative, with the original will if there is one. The court issues letters that give the representative authority to act.
- Notice to heirs and creditors. Kentucky requires the estate to remain open at least six months so creditors can file claims.
- Inventory of the estate's assets, filed with the court within the required time.
- Paying debts, taxes and expenses, including Kentucky inheritance tax where it applies. Spouses, children, parents and siblings are exempt from Kentucky inheritance tax; more distant beneficiaries are not.
- Distribution to the beneficiaries and a final settlement, formal or informal, that closes the estate.
Kentucky provides a simplified procedure, called dispensing with administration, for small estates where the surviving spouse or children are the only ones entitled to the property and the value is within the statutory exemption. Justin will tell you on the first call whether your family's situation qualifies.
The personal representative's job
Being named executor is an honor that comes with legal duties: to act in the estate's interest, keep accurate records, treat beneficiaries fairly and meet every deadline. An executor who gets it wrong can be personally liable. Justin represents personal representatives so they understand what they must do, do it correctly and are protected while doing it.
When there is no will
The estate still goes through probate, with an administrator appointed by the court and property distributed under Kentucky's intestacy statutes. Those rules determine who inherits in what shares. Justin explains what the law provides and guides the family through an administration that is often more involved than one with a will.
Problems that come up
A will that cannot be found. Heirs who cannot be located. Property in another state. Creditor claims that seem wrong. A family member who moved into the house and will not leave. A sibling who does not trust the executor. Justin has seen each of these and resolves them within the probate process where possible, and in court where necessary. See estate disputes.
Fees
Kentucky allows reasonable attorney fees and personal representative compensation to be paid from the estate. Justin explains the fee arrangement before the estate is opened, and most families choose a flat or hourly structure depending on the estate's complexity.
Common questions
Probate: what people ask first.
Do all estates have to go through probate?
No. Assets with beneficiary designations, jointly owned property with survivorship rights and assets in a trust pass outside probate, and very small estates may qualify for a simplified procedure. Anything titled in the deceased person's name alone generally requires it.
How long do I have to open an estate?
There is no strict deadline to open one, but delay causes problems: bills go unpaid, property sits unmanaged and a will not offered for probate cannot be enforced. Most families open the estate within a few weeks of the death.
I am the executor. Do I have to hire a lawyer?
Kentucky does not require it, but the court will hold you to the same standards as an attorney, and mistakes are personal liabilities. Most executors find that attorney fees, paid from the estate, are well worth it.
Does Kentucky have an estate tax?
Kentucky has no estate tax but does have an inheritance tax on certain beneficiaries. Spouses, parents, children, grandchildren and siblings are exempt. Nieces, nephews, friends and others may owe tax depending on the amount. Justin prepares the return when one is needed.
Ready to put a plan in place, or settle an estate?
One conversation with Justin will tell you what your family actually needs. The first one is free.